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COPYRIGHT INFRINGEMENT/PROBATIVE SIMILARITY
The U.S. District Court for the Southern District of New York decided that sufficient similarities existed to raise an issue of material fact as to whether the defendants' movie 'Dodgeball: A True Underdog Story' copied from the plaintiffs' screenplay 'Dodgeball: The Movie.' Price v. Fox Entertainment Group Inc., 05 Civ.5259 SAS. In the Second Circuit, in which the district court resides, probative similarity is initially used by a copyright-infringement plaintiff to establish, through indirect evidence, the copying of original elements of the plaintiff's work.
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